Abstract

CELIS CORZO, DIEGO ALEJANDRO. Governmental Objections in the Colombian Legal System An analysis of the figure based on the objections presented to the Draft of the Statutory Law of the Administration of Justice in the Special Jurisdiction for Peace. Rev. Derecho Estado [online]. 2021, n.48, pp.51-84.  Epub May 01, 2021. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n48.03.

Government objections have been a constitutional figure applied for several decades in the Colombian Legal System. However, as a result of the objections presented to the Draft Statutory Law of the Administration of Justice in the Special Jurisdiction for Peace, it was possible to glimpse some legal problems, such as the type of projects that can be objected, the grounds for objection, the modification of the objected article(s), the origin of the discussion and the possible discrepancy between the Houses of the Congress of the Republic, and the constitutional res judicata. Issues that, in case of not having a clear hypothesis to solve each one of them, could lead to procedural and material defects.

In this document, therefore, we seek to raise some hypothesis, as well as to posit other questions, for the constitutional problems stated. Hence, it is exposed what is the legal panorama of the governmental objections since the Political Constitution of 1991; the background to the Draft of the Statutory Law of the Administration of Justice in the Special Jurisdiction for Peace; and the constitutional formal and material vicissitudes of the figure that were reflected in this procedure.

Keywords : Governmental objections; Draft of the Statutory Law; Constitutional Court; Objections for Inconvenience; Congress of the Republic.

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